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Blue v. California Office of the Inspector General
To prevail on Public Safety Officers Procedural Bill of Rights claim, officers denied representation in OIG interview over use of force practices in prison must have been under existing or potential investigation.
Civil Procedure 3DCA May 14, 2018
Huang v. Hanks
Trial court did not err in dismissing spate of preposterous civil harassment claims against, e.g., Monica Lewinsky and the Dalai Lama, though court did not cite statute or legal premise for dismissal.
Civil Procedure 3DCA May 14, 2018
Hacker v. Homeward Residential, Inc.
Judgment denying leave to amend reversed where plaintiff who proposes new facts on appeal shows standing to bring cause of action.
Civil Procedure 2DCA/1 May 11, 2018
Adidas America v. Skechers USA
Preliminary injunction in unregistered trade dress suit proper where exclusive production and advertising of adidas' Stan Smith shoe creates 'secondary meaning' and where rival's shoe was 'unmistakably' similar.
Civil Procedure 9th May 11, 2018
Pebley v. Santa Clara Organics
Injured plaintiff who elects not to use an available health insurance plan will be treated as 'uninsured' and allowed to present bills evidenced economic damages.
Civil Procedure 2DCA/6 May 10, 2018
Tindell v. Murphy
Sham Pleading Doctrine precludes homeowners from filing repetitive claims, alleging different facts and causes of action.
Civil Procedure 3DCA May 9, 2018
La Mirada Ave. v. City of Los Angeles
Code of Civil Procedure Section 1021.5 does not require successful party to rest entire dispute once and for all; thus, party may obtain fees even if lawsuit that relates to challenged lawsuit is pending.
Civil Procedure 2DCA/2 May 7, 2018
Williams v. Moulton Niguel Water Dist.
Water Districts not liable under nuisance theory for chemical causing pinhole pipe leaks where chemical's inclusion was permitted by state health agency.
Civil Procedure 4DCA/3 May 7, 2018
County Lines Holdings, LLC v. McClanahan
One-year statutory time limit regarding 'causes of action' does not bar later enforcement of a judgment lien after a debtor has died.
Civil Procedure 2DCA/6 May 4, 2018
Modification: Garcia v. Mercedes-Benz USA
Trial court does not err in denying fees award to malfunctioning car buyer as prevailing party, as confidential settlement made it uncertain if plaintiff achieved litigation goal.
Civil Procedure 2DCA/2 May 4, 2018
Amended Opinion: In Re Westwood Plaza North
If a court determines that an appeal is frivolous, it may exercise its discretion to grant sanctions and attorney fees under Rule 38 of the Federal Rules of Appellate Procedure.
Civil Procedure 9th May 2, 2018
Gordon v. County of Orange
Grant of summary judgment vacated where proper standard of review for 42 U.S.C. Section 1983 claim is one of ‘objective’ standard.
Civil Procedure 9th May 1, 2018
GranCare v. Thrower
Showing fraudulent joinder is 'heavy burden' on defendant and should not be maintained unless plaintiff could not show joined party was liable 'on any theory.'
Civil Procedure 9th Apr. 27, 2018
Holloway v. Showcase Realty Agents, Inc.
Plaintiff has taxpayer standing to sue under Code of Civil Procedure Section 526a where plaintiff has paid or is liable to pay defendant locality tax assessed on plaintiff by locality.
Civil Procedure 6DCA Apr. 27, 2018
Bozic v. USDC - CASD
Court has discretion to withhold 'extraordinary remedy' of mandamus relief even where clear legal error exists below, if prejudicial impact on petitioner is not great.
Civil Procedure 9th Apr. 26, 2018
Welborne v. Ryman-Carroll Foundation
Summary judgment reversed where party opposing summary judgment makes prima facie showing of material fact.
Civil Procedure 2DCA/2 Apr. 26, 2018
Baker Marquart LLP v. Kantor
Confidential brief analogous to ex parte communication that allows for arbitration award to be reviewed by court.
Civil Procedure 2DCA/2 Apr. 26, 2018
IIG Wireless v. Yi
Under reversal of longstanding 'Pendergrass' holding, parol evidence rule does not disallow admission of extrinsic statements to prove fraud
Civil Procedure 4DCA/3 Apr. 25, 2018
Chavez v. JPMorgan Chase & Co.
Diversity jurisdiction’s requisite amount in controversy includes relief claimed at time of removal ‘to which plaintiff would be entitled if’ plaintiff prevails.
Civil Procedure 9th Apr. 23, 2018
Lederer v. Schneider
Judgment finding action untimely reversed where statute of limitations begins to run once aggrieved party suffered ‘actual injury’ resulting from negligent conduct.
Civil Procedure 2DCA/4 Apr. 20, 2018
All Green Electric v. Security National Ins. Co.
Summary judgment for insurer affirmed where evidence fails to show that insurer is entitled to coverage under policy.
Civil Procedure 2DCA/8 Apr. 19, 2018
Shapira v. Lifetech Resources
Judgment finding defense is entitled to fees as prevailing party reversed and remanded where plaintiff's motion to dismiss that was filed 'before' trial's completion should have been granted.
Civil Procedure 2DCA/4 Apr. 19, 2018
People v. Investco Management & Development LLC
Attorney fees awarded to party who is successful in action resulting in enforcement of important right affecting public interest affirmed where significant benefit is conferred on general public or large class of persons.
Civil Procedure 1DCA/4 Apr. 19, 2018
The Police Retirement System of St. Louis v. Page
Summary judgment affirmed where Delaware statute of limitations period is only tolled until plaintiff has inquiry notice of harm from defendant’s actions.
Civil Procedure 6DCA Apr. 18, 2018
Castillo v. Glenair Inc.
Class Action plaintiffs who settled in an earlier wage and hour case against a staffing agency, cannot bring the identical claims against the staffing agency's client where the work was performed because they are barred by res judicata.
Civil Procedure 2DCA/2 Apr. 18, 2018
Powell v. Bear Valley Community Hospital
A physician with revoked staff privileges doesn't have an absolute right to reappointment, particularly when the denial is for a medical or disciplinary reason; similarly, there is no right to a hearing if the applicant failed to disclose crucial negative information on his record prior to his appointment.
Civil Procedure 4DCA/1 Apr. 17, 2018
Pasadena Police Officers Assn. v. City of Pasadena
Denial of motion for fees under private attorneys general statute reversed where court incorrectly applies 'Adoption of Joshua S.' to deny fees.
Civil Procedure 2DCA/1 Apr. 16, 2018
Day v. Lupo Vine Street
Commercial landlord who merely leases commercial space to health studio has no duty under Health and Safety Code Section 104113 or common law to acquire and maintain automated external defibrillator or to ensure that studio operator does so.
Civil Procedure 2DCA/4 Apr. 13, 2018
Gordon B. v. Gomez
Court that denies motion to renew restraining order for failure to show further significant abuse errs where renewal is appropriate if and only if preponderance of evidence shows 'reasonable apprehension' of future abuse.
Civil Procedure 2DCA/1 Apr. 13, 2018
Smith v. City and County of Honolulu
Testimony by lay witness that was not objected to and unsupported statements made by defense counsel during closing arguments that do not sway jury do not result in plain error.
Civil Procedure 9th Apr. 13, 2018